Is There a War Exception

to the Bill of Rights?

History 4910/Sociology 4090

May 24. Getting Started. "Who's a terrorist?" Frontline video, "Sleeper Cell"

May 25. Interrogation. "What's fair in interrogating suspected terrorists? Mark Bowden, "The Dark Art of Interrogation."

May 26. Torture. "Is it OK to torture enemy civilian prisoners?" Red Cross Report, February 2004; Knickerbocker, "Chain of Command"

May 27. Constitutional Dictatorship. "Should Presidents be Dictators during War?" William J. Quirk, "Constitutional Dictatorship.

May 31. MEMORIAL DAY

June 1. War Crimes. "What's a war crime?" Taylor, Introduction; War Crimes

June 2. Military Tribunals. "A Sorry History?" American Bar Association, "Task Force on Terrorism and the Law;" Michael Chertoff, "Law, Loyalty, and Terror."

June 3. Nazi Saboteur Trial I. "Were Dasch and Burger guilty?

June 7. Nazi Saboteur Trial II. "Were Kerling and Haupt guilty?

June 8. Civil Liberties and the "War on Terror." "Do enemy combatants have the right to habeas corpus?" Johnson v. Eisentrager.

June 9. Civil Liberties and the "War on Terror." What's a "terrorist unlawful combatant" and do they have any rights? U.S. Supreme Court. Rasul v. Bush (2004). Brief for Rasul. Brief for Bush. Group Assignments

June 10. Finishing Up

Charges against Saboteurs

Daily schedule

  1. 9.30-10-15. Submit quote and comment from reading; discuss reading
  2. 10:15-12:15. Group/individual library and trial work
  3. 12:15-1:00. Report library findings and problems.

Group Assignments

Nazi Saboteurs, mock trial and juries

Dasch Prosecution. Groups 1-2

Dasch defense. Groups 3-4

Burger prosecution. Group 5

Burger defense. Group 6

Kerling prosecution. Group 7

Kerling defense. Group 8

Haupt prosecution. Group 9

Haupt defense. Group 10

Rasul v. Bush , oral argument and decision

Government case in Rasul v. Bush. Groups1-5

Rasul case in Rasul v. Bush. Groups 6-10

Library Sources: War and Life on the Homefront

New York Times (Group 1)

Washington Post (Group 2)

Chicago Tribune (Group 3)

Chicago Defender (Group 4)

Atlanta Constitution (Group 5)

San Francisco Chronicle / Los Angeles Times (Group 6)

Minneapolis Tribune/St. Paul Pioneer Press (Group 7)

Time /Newsweek (Group 8)

Life (Group 9)

Look (Group 10)

Assignments

  1. (Individual) Quote and comment on reading assignments. Due at the beginning of each class with assigned readings
  2. (Group) Items for web site. Report each day. Submit packet on June 10.
    1. newspaper front pages
    2. magazine covers
    3. story headlines and first paragraphs
    4. photos
    5. cartoons
    6. other graphics
  3. (Group) Main points of argument in Saboteur trial. Submit just before argument.
  4. (Group) Main points of argument in Rasul v. Bush. Submit just before argument.
  5. (Individual) evaluation of each group member. Submit June 10.